RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

reassessment was not justified.\nIn the circumstances it is submitted that the information received from the some\nother officials, gathered by them in the course of search conducted in the case of\nsome third party has been simply relied upon for reopening of assessment and\nno independent inquiry whatsoever was carried out before reaching to the\nconclusion that income

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

reassessment was not justified.\nIn the circumstances it is submitted that the information received from the some\nother officials, gathered by them in the course of search conducted in the case of\nsome third party has been simply relied upon for reopening of assessment and\nno independent inquiry whatsoever was carried out before reaching to the\nconclusion that income

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

reassessment was not justified.\nIn the circumstances it is submitted that the information received from the some\nother officials, gathered by them in the course of search conducted in the case of\nsome third party has been simply relied upon for reopening of assessment and\nno independent inquiry whatsoever was carried out before reaching to the\nconclusion that income

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMSSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

reassessment was not justified.\nIn the circumstances it is submitted that the information received from the some\nother officials, gathered by them in the course of search conducted in the case of\nsome third party has been simply relied upon for reopening of assessment and\nno independent inquiry whatsoever was carried out before reaching to the\nconclusion that income

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

reassessment was not justified.\nIn the circumstances it is submitted that the information received from the some\nother officials, gathered by them in the course of search conducted in the case of\nsome third party has been simply relied upon for reopening of assessment and\nno independent inquiry whatsoever was carried out before reaching to the\nconclusion that income

SHIV VEGPRO PRIVATE LIMITED ,KOTA vs. PCIT-UDAIPUR , UDAIPUR

In the result, the appeal filed by the assessee is allowed

reassessment order.”\nAccordingly, the proceedings-initiated u/s 263 deserves to be quashed.\n4. Alternatively, and without prejudice to above our submissions on\nmerits are as under:\nOn the issues raised by the Ld. CIT in the SCN, u/s 263 of the Act, on\nthe remaining four issues narrated at page 29 of the impugned order, the\nfollowing submissions were made

PRAMOD KUMAR CHOUDHARY,JAIPUR vs. ITO, JAIPUR

In the result, the appeal of the assessee is allowed

197\nITR 439 held as under:\n“A reading of sections 147 and 148 makes it clear that, at any rate, an assessment\nfor the first time made by resort to section 147 is a regular assessment. Section 148\nenjoins the Income-tax Officer before making an assessment under section 147 to\nserve a notice on the assessee containing

DCIT, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. KAMLAPRABHA L/H OF LATE SHRI GOPAL LAL JI GOSWAMI, KOTA

In the result, the appeal of the revenue is dismissed and the Cross objection of the assessee is disposed off in terms of the observation made herein above

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

reassessment under sections 147/148 of the Act has to be saved, otherwise the Revenue would be left without remedy." The material on record has been considered. The satisfaction note does not refer to incriminating seized material from search on other person which would be having a bearing on the determination of total income of the appellant. The addition made

ACIT, CC-4, JAIPUR vs. SMT. SUNITA AGARWAL, JAIPUR

In the result appeals of the revenue are dismissed

reassess total income taking note of undisclosed income, if any, unearthed during search- Held, yes CIT-II Vs continental warehousing corporation 235 Taxman 568(SC) The High Court by impugned order held that no addition can be made in respect of assessments which have become final if no incriminating material is found during search or during 153A proceeding - Whether Special

ACIT, CC-4, JAIPUR vs. SMT. SUNITA AGARWAL, JAIPUR

In the result appeals of the revenue are dismissed

reassess total income taking note of undisclosed income, if any, unearthed during search- Held, yes CIT-II Vs continental warehousing corporation 235 Taxman 568(SC) The High Court by impugned order held that no addition can be made in respect of assessments which have become final if no incriminating material is found during search or during 153A proceeding - Whether Special

ACIT, C.C. -4, JAIPUR vs. MAVERICK COMMODITY BROKERS PVT. LTD., JAIPUR

In the result appeals of the revenue are dismissed

reassess total income taking note of undisclosed income, if any, unearthed during search- Held, yes CIT-II Vs continental warehousing corporation 235 Taxman 568(SC) The High Court by impugned order held that no addition can be made in respect of assessments which have become final if no incriminating material is found during search or during 153A proceeding - Whether Special

ACIT, CC-4, JAIPUR vs. SHRI MUKUT BEHARI AGARWAL, JAIPUR

In the result appeals of the revenue are dismissed

reassess total income taking note of undisclosed income, if any, unearthed during search- Held, yes CIT-II Vs continental warehousing corporation 235 Taxman 568(SC) The High Court by impugned order held that no addition can be made in respect of assessments which have become final if no incriminating material is found during search or during 153A proceeding - Whether Special

ACIT, CC-4, , JAIPUR vs. SHRI ANSHUL JAIN, JAIPUR

In the result appeals of the revenue are dismissed

reassess total income taking note of undisclosed income, if any, unearthed during search- Held, yes CIT-II Vs continental warehousing corporation 235 Taxman 568(SC) The High Court by impugned order held that no addition can be made in respect of assessments which have become final if no incriminating material is found during search or during 153A proceeding - Whether Special

SPECTRUM FOODS LIMITED,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

reassessment under section 147 of the Income Tax Act 1961. Later, during the investigation proceedings of the case, it was also found that the assessee had also obtained fake profit entry by getting the client code modified through a broker. On analysis of the original client code and the modified client code, it can be seen that there

SMT. PUSHPA JOSHI,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

In the result, appeal of the assessee is allowed

197 (All.) it was held that a plain reading of Section 148 of the Act reveals that within the statutory period specified therein, it shall be incumbent to send a notice under Section 143(2) of the Act. It was observed: "the provisions contained in sub-Section (2) of Section 143 is mandatory and the legislature in their wisdom

SHRI PARNAMI PANCHAYAT,JAIPUR vs. ITO, (EXEMPTIONS), WARD-1, JAIPUR, JAIPUR

In the result appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

reassessment 30.09.2017 Page 1 proceedings. Date of filing of appeal by assessee trust 16.11.2017 Page 1 before NFAC Date of grant of registration by ld. CIT(E) to the 27.10.2018 Page 1 assessee trust under section 12AA Date of order passed by NFAC in case of 18.11.2022 Page 1 assessee trust in appellate proceeding 9. At time of passing

BRAND INDIA REAL ESTATE PRIVATE LIMITED,JAIPUR vs. INCOME TAX OFFICER WARD 6(1), JAIPUR

In the result, appeal of the assessee is allowed

reassessment proceeding, the ld. AO issued to show cause notices to\nthe assessee (Copies of the same are at PB Page 133-134, 136-138). From such show cause\nnotices it is well apparent that the copies of any single evidences/documents/statements, in\nwhatsoever form did not provided to the assessee.\n3.\nFinally, in the assessment order, though not appears

PADAM CHAND DHADDA HUF,JAIPUR vs. ACIT, JAIPUR

In the result, appeal of the assessee is partly allowed

197 (All.) it was held that a 6 ITA No. 40/JP/2017. M/s Padam Chand Dhadda HUF, Jaipur. plain reading of Section 148 of the Act reveals that within the statutory period specified therein, it shall be incumbent to send a notice under Section 143 (2) of the Act. It was observed: "the provisions contained in sub-Section (2) of Section

RADHA GOVIND LASHKARI,JAIPUR vs. ACIT, JAIPUR

In the result, it cannot be said to be case of concealment of income and the penalty to this extent stand deleted

reassessment proceedings. The provision of Section 153A, 153B and 153C are a complete code for assessment wherein search and seizure has been initiated after May 31, 2003. Thus, there is complete detachment of assessment proceedings under section 143 or 147 from search proceeding under section 153A of the Act. For the purpose of imposition of penalty under section